Determining the objective of the creation of a terrorist organization in the modern criminal law of Ukraine
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 46, Issue 3
Abstract
The article substantiates that according to the current criminal legislation of Ukraine the purpose of creating a terrorist organization consists of two components: the overall goal of creating a criminal organization is the commission of a grave or especially grave crime, and the purpose with which the terrorist act is committed. It is argued that the purpose of creating a terrorist organization should be recognized as terrorist activity. Sanctions of Parts 2 and 3 of Art. 109, part 1 of Art. 110, part 1, article 110-2 of Section I of the Special Part of the Criminal Code of Ukraine "Crimes Against the Fundamentals of National Security of Ukraine", which now provide for up to 5 years of imprisonment (unlike all other articles in this section), must contain punishment of more than 5 years deprivation of liberty. Then all these crimes will belong to the category of grave or especially grievous. In modern conditions, the criminal-legal definition of the purpose of creating a terrorist organization is too narrow, since it does not take into account the focus of their activities and on national security, in particular, the forcible change and overthrow of the constitutional system, the seizure of state power in Ukraine, the change in the borders of the territory and the state border of Ukraine.
Authors and Affiliations
Иван Криворучко
Keywords
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